Health Entitlement Cards Amendment Regulations 1998

2 Interpretation
  • Regulation 2 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) In these regulations, unless the context otherwise requires,—

      Act means the Health and Disability Services Act 1993

      Beneficiary has the meaning given to it by section 3(1) of the Social Security Act 1964

      Card means a community services card, a high use health card, or a pharmaceutical subsidy card, as the case may require

      Cardholder means a person issued with a community services card, a high use health card, or a pharmaceutical subsidy card, as the case may require

      Child has the meaning given to it by section 3(1) of the Social Security Act 1964

      Community services card means a community services card issued under regulation 4

      Department means the department for the time being responsible for the administration of the Social Security Act 1964

      Dependent child has the meaning given to it by section 3(1) of the Social Security Act 1964; but does not include a child for whom an orphan's benefit or an unsupported child's benefit is paid under that Act

      Director-General means,—

      • (a) In this regulation and in Part I, the chief executive of the Department; and

      • (b) In Parts II and III, the Director-General within the meaning of the Health Act 1956:

      Eligible, in relation to a community services card, means eligible within the meaning of regulation 8

      Family credit income means the net income of any person (or, in the case of a married person, the combined income of the person and his or her spouse) that—

      • (a) Is calculated in accordance with section KD 1 of the Income Tax Act 1994; and

      • (b) Includes any family credit and any guaranteed minimum family income (as those terms are defined in section OB 1 of the Income Tax Act 1994) that was or is to be paid or credited to that person (or the spouse, as the case may be) within the income year to which the calculation relates:

      Family income means, as the case may require,—

      • (a) The income of an unmarried person:

      • (b) The combined income of a married couple (if neither of them are receiving residential care disability services):

      • (c) The income of a married person who is receiving residential care disability services:

      • (d) The income of a married person whose spouse is receiving residential care disability services:

      Full-time course has the meaning given to it by regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277)

      High use health card means a high use health card issued under regulation 18

      Income has the meaning given to it by section 3(1) of the Social Security Act 1964 (except where it is used in the term net income)

      Income year has the meaning given to it by section OB 1 of the Income Tax Act 1994

      Licensed hospital means a hospital licensed under the Hospitals Act 1957

      Married person includes a person regarded as married under regulation 3; and husband, wife, spouse, and married couple have corresponding meanings

      Net income means net income as defined in section OB 1 of the Income Tax Act 1994; and includes—

      • (a) New Zealand superannuation payable under Part I of the Social Welfare (Transitional Provisions) Act 1990; and

      • (b) Income which is derived outside New Zealand; and

      • (c) 50% of any amount received by way of a pension under a superannuation scheme registered under the Superannuation Schemes Act 1989; and

      • (d) 50% of any qualifying foreign private annuity (as defined in section OB 1 of the Income Tax Act 1994); and

      • (e) 50% of any amount received under an annuity paid on or after 1 April 1990 in respect of a policy of life insurance—

        • (i) Offered or entered into in New Zealand by a life insurer (as that term is defined in paragraph (a) of the definition of the term life insurer in section OB 1 of the Income Tax Act 1994); or

        • (ii) Offered or entered into outside of New Zealand by a life insurer (as so defined) that is resident in New Zealand within the meaning of section OE 1 or section OE 2 of the Income Tax Act 1994:

      Ordinarily resident in New Zealand, in relation to any person, includes a person whom the Director-General is satisfied is in the process of claiming refugee status in New Zealand; but does not include any other person—

      • (a) Unlawfully resident or present in New Zealand, or

      • (b) Lawfully resident or present in New Zealand but only by virtue of—

        • (i) A visitor's permit; or

        • (ii) A temporary work permit; or

        • (iii) A permit to be in New Zealand for the purposes of study at a New Zealand school or university or other educational establishment:

      Pharmaceutical subsidy card means a pharmaceutical subsidy card issued by a pharmacist under regulation 23

      Pharmacist means a pharmacist registered under the Pharmacy Act 1970

      Provider means a provider of health services or disability services from whom the Health Funding Authority purchases such services

      Recognised course of study has the meaning given to it by regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277)

      Residential care disability services has the meaning given to it in section 3(1) of the Social Security Act 1964

      Service agreement has the meaning given to it by section 22 of the Act; and includes an arrangement that is enforceable under section 51 of the Act

      Student means—

      • (a) A person attending a secondary school—

        • (i) Within the meaning of section 145(1) of the Education Act 1989; or

        • (ii) That is an integrated secondary school under the Private Schools Conditional Integration Act 1975; or

        • (iii) That is a private secondary school registered under section 35A of the Education Act 1989; or

      • (b) A person attending a class, above Form II, at a composite school within the meaning of section 145(1) of the Education Act 1989; or

      • (c) A person who is undertaking a recognised course of study in a full-time course at any tertiary institution; or

      • (d) A person who has left school but intends to undertake a recognised course of study in a full-time course at a tertiary institution during the next applicable academic year:

      Superannuitant means a person entitled in his or her own right to receive New Zealand superannuation under Part I of the Social Welfare (Transitional Provisions) Act 1990

      Superannuation income means—

      • (a) A person's net income, in the case of—

        • (i) An unmarried superannuitant:

        • (ii) A married superannuitant who is receiving residential care disability services:

        • (iii) A married superannuitant whose spouse is receiving residential care disability services; or

      • (b) The combined net income of the person and his or her spouse, in the case of a married superannuitant where neither spouse is receiving residential care disability services:

      Tertiary institution means a tertiary provider within the meaning of regulation 2(1) of the Student Allowances Regulations 1998 (SR 1998/277)

      Unmarried person includes a person regarded as unmarried under regulation 3.